# C_2020414EN.01001002.xml

| 30.11.2020 | EN | Official Journal of the European Union | C 414/10 |
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30.11.2020

EN

Official Journal of the European Union

C 414/10

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Judgment of the Court (First Chamber) of 8 October 2020 (request for a preliminary ruling from the Conseil d’État — France) — Union des industries de la protection des plantes v Premier Ministre, Ministre de la Transition écologique et solidaire, Ministre des Solidarités et de la Santé, Ministre de l’Agriculture et de l’Alimentation, Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail

(Case C-514/19) (1)

(Reference for a preliminary ruling - Environment - Regulation (EC) No 1107/2009 - Placing of plant protection products on the market - Emergency measures - Officially informing the European Commission - Directive (EU) 2015/1535 - Procedure for the provision of information in the field of technical regulations - Neonicotinoids - Protection of bees - Principle of sincere cooperation)

(2020/C 414/12)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Union des industries de la protection des plantes

Defendants: Premier Ministre, Ministre de la Transition écologique et solidaire, Ministre des Solidarités et de la Santé, Ministre de l’Agriculture et de l’Alimentation, Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail

Interested parties: Association Générations futures, Union nationale de l’apiculture française (UNAF), Syndicat national de l’apiculture

Operative part of the judgment

| 1. | Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and Article 71(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC must be interpreted as meaning that the communication, under Article 5 of that directive, of a national measure prohibiting the use of certain active substances falling within the scope of that regulation must be regarded as the official provision of information on the need to take emergency measures within the meaning of Article 71(1) of that regulation, where:






  — | that communication contains a clear presentation of the evidence showing, first, that those active substances are likely to constitute a serious risk to human or animal health or to the environment and, second, that that risk cannot be satisfactorily controlled without the adoption, as a matter of urgency, of the measures taken by the Member State concerned, and where |
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1.

Article 5 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and Article 71(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC must be interpreted as meaning that the communication, under Article 5 of that directive, of a national measure prohibiting the use of certain active substances falling within the scope of that regulation must be regarded as the official provision of information on the need to take emergency measures within the meaning of Article 71(1) of that regulation, where:

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that communication contains a clear presentation of the evidence showing, first, that those active substances are likely to constitute a serious risk to human or animal health or to the environment and, second, that that risk cannot be satisfactorily controlled without the adoption, as a matter of urgency, of the measures taken by the Member State concerned, and where

| — | the European Commission failed to ask that Member State whether that communication must be treated as the official provision of information under Article 71(1) of that regulation. |
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the European Commission failed to ask that Member State whether that communication must be treated as the official provision of information under Article 71(1) of that regulation.

| 2. | Article 71(1) of Regulation No 1107/2009 must be interpreted as meaning that Commission Implementing Regulation (EU) 2018/783 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance imidacloprid, Commission Implementing Regulation (EU) 2018/784 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clothianidin, and Commission Implementing Regulation (EU) 2018/785 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance thiamethoxam cannot be regarded as measures taken by the European Commission in response to the French Republic’s communication of 2 February 2017. |
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2.

Article 71(1) of Regulation No 1107/2009 must be interpreted as meaning that Commission Implementing Regulation (EU) 2018/783 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance imidacloprid, Commission Implementing Regulation (EU) 2018/784 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance clothianidin, and Commission Implementing Regulation (EU) 2018/785 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance thiamethoxam cannot be regarded as measures taken by the European Commission in response to the French Republic’s communication of 2 February 2017.

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(1)  OJ C 295, 2.9.2019.

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